The Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020
| Year | 2020 |
2020 No. 1011 (W. 225)
Public Health, Wales
The Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020
Made 17th September 2020
Laid before Senedd Cymru 18th September 2020
Coming into force 18th September 2020
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45C(1) and (3)(c), 45F(2) and 45P of the Public Health (Control of Disease) Act 19841.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.
The Welsh Ministers consider that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with section 45R of that Act the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, Senedd Cymru.
PART 1
Introduction
Title, application and coming into force
1.—(1) The title of these Regulations is the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020.
(2) These Regulations apply in relation to Wales.
(3) These Regulations come into force at 12.01 a.m. on 18 September 2020.
Interpretation
2. In these Regulations—
(a) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
(b) “enforcement officer” has the meaning given by regulation 15;
(c) “event direction” has the meaning given by regulation 6;
(d) “local authority” means the council of a county or county borough in Wales;
(e) “premises” includes any building or structure and any land;
(f) “premises direction” has the meaning given by regulation 5;
(g) “public place” has the meaning given by regulation 7(2);
(h) “public place direction” has the meaning given by regulation 7.
Expiry
3.—(1) These Regulations expire at the end of the day on 8 January 2021.
(2) This regulation does not affect the validity of anything done pursuant to these Regulations before they expire.
PART 2
Local authority directions in relation to premises, events and public places
CHAPTER 1
Giving and revoking directions
Public health conditions for giving directions
4.—(1) If it considers that the public health conditions are met, a local authority may give—
(a)
(a) a premises direction under regulation 5;
(b)
(b) an event direction under regulation 6;
(c)
(c) a public place direction under regulation 7.
(2) For the purposes of these Regulations, the “public health conditions” are that—
(a)
(a) the direction is a response to a serious and imminent threat to public health,
(b)
(b) the direction is necessary for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus in the local authority’s area, and
(c)
(c) the prohibitions, requirements or restrictions imposed by the direction are a proportionate means of achieving that purpose.
Premises directions
5.—(1) A local authority may give a premises direction in respect of any premises in its area.
(2) A premises direction may—
(a)
(a) require the premises to be closed;
(b)
(b) impose restrictions or requirements in relation to entering or leaving the premises;
(c)
(c) impose restrictions or requirements in relation to the use of the premises;
(d)
(d) impose restrictions in relation to the number or description of persons permitted on the premises.
(3) But a premises direction may not be given in relation to premises which form part of critical infrastructure.
(4) Before giving a premises direction, a local authority must have regard to the need to ensure that members of the public have access to essential goods and public services.
(5) Where a local authority gives a premises direction, it must take reasonable steps to give prior notice of the direction to—
(a)
(a) a person carrying on a business from the premises to which the direction relates, and
(b)
(b) (if different) any person who owns or occupies the premises.
(6) A person responsible for premises to which a premises direction relates must take the steps necessary to comply with the direction as soon as is reasonably practicable after the direction takes effect.
(7) No person may, without reasonable excuse, act in contravention of a premises direction.
Event directions
6.—(1) A local authority may give an event direction in respect of any event held, or proposed to be held, in its area.
(2) In considering whether the public health conditions are met, a local authority must, in particular, have regard to whether people are gathering, or are likely to gather, at the event in contravention of regulation 14 or 14A of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 20202.
(3) An event direction may—
(a)
(a) require the event to stop or not to be held;
(b)
(b) impose restrictions or requirements in relation to entering or leaving the event;
(c)
(c) impose restrictions or requirements in relation to the number of persons who may attend the event;
(d)
(d) impose any other restrictions or requirements in relation to the holding of the event (including, for example, requirements relating to the attendance of medical or emergency services at the event).
(4) Where a local authority gives an event direction it must take reasonable steps to give prior notice of the direction to—
(a)
(a) a person involved in the organisation of the event, and
(b)
(b) (if different) any person who owns or occupies the premises at which the event takes place or is proposed to take place.
(5) A person involved in organising an event to which an event direction relates must take the steps necessary to comply with the direction as soon as is reasonably practicable after the direction takes effect.
(6) No person may, without reasonable excuse, act in contravention of an event direction.
(7) For the purposes of this Part, a person is not involved in organising an event if the person’s only involvement is, or would be, attending it.
Public place directions
7.—(1) A local authority may give a public place direction in respect of any public place in the authority’s area.
(2) For the purposes of these Regulations, “public place” means an outdoor place to which the public have or are permitted access, whether on payment or otherwise, including—
(a)
(a) land laid out as a public garden or used for the purpose of recreation by members of the public;
(b)
(b) land which is “open country” as defined in section 59(2) of the National Parks and Access to the Countryside Act 19493, as read with section 16 of the Countryside Act 19684;
(c)
(c) any highway to which the public has access.
(3) But a public place does not include—
(a)
(a) “access land” within the meaning given in regulation 14(7)(c);
(b)
(b) a “public path” within the meaning given in regulation 14(7)(b).
(4) A public place direction may impose prohibitions, requirements or restrictions in relation to access to the public place (including, in particular, prohibiting access at specified times).
(5) A public place direction must describe the public place in sufficient detail to enable its boundaries to be determined.
(6) Where a local authority gives a public place direction it must take such steps as are reasonably practicable to—
(a)
(a) prevent or restrict public access to the public place to which the direction relates in accordance with the direction (including erecting and maintaining notices in prominent places informing the public of the direction);
(b)
(b) give prior notice of the direction to persons carrying on a business from premises within the public place;
(c)
(c) ensure that the direction is brought to the attention of any person who owns, occupies or is responsible for any premises in the public place.
(7) Any person, other than a local authority, who owns, occupies or is responsible for premises in a public place to which a public place direction relates must take such steps as are reasonably practicable to prevent or restrict public access to the premises in accordance with the direction.
(8) No person may, without reasonable excuse, enter or remain in a public place to which a public place direction relates in contravention of a prohibition, requirement or restriction imposed by the direction.
(9) A local authority may not give a public place direction in respect of a public place which includes property to which section 73 of the Public Health (Control of Disease) Act 19845(Crown property) applies.
(10) But a local authority may give a public place direction in respect of such a place if the authority has entered into an agreement under subsection (2) of section 73 with the appropriate authority (within the meaning given by that section) that—
(a)
(a) section 45C of that Act, and
(b)
(b) these Regulations,
apply to the property (subject to such terms as may be included in the agreement).
Review and revocation
8.—(1) Where a local authority gives a direction under this Part, the authority must review whether the public health conditions continue to be met in relation to the direction—
(a)
(a) at least once in the period of 7 days beginning on the day after the day direction is given, and
(b)
(b) at least once in every subsequent period of 7 days.
(2) If, on a review under paragraph (1), the local authority considers that the public health conditions are no longer met, the local authority must revoke the direction.
(3) Paragraph (2) does not prevent a local authority from...
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